Excerpt: ... and special interrogatories. Although the practice of filing commingled motions for further responses is generally frowned upon, a review of the papers reveals a relatively simple solution. As for the merits, a review of the papers on file reveals that defendants' written responses are not A party to special interrogatories has an obligation to provide responses which are "as complete and straightforward" as pssible, which obligates the party to...

Excerpt: ...udicaton because neither of the two causes of action stated in the operative First Amended Complaint (negligence and premises liability) can succeed against it. According to UPC, it did not owe plaintiff any duty of care to protect him from injuries caused by diving into a submerged boulder because: 1. UPC had no control over the water level in the lake, and thus had no ability to warn or guard against a boulder that became invisible; 2. plaintif...

Excerpt: ...nt on co-defendant Fox Realty and Management Co. by leaving a copy of the papers with Valerie Slagle — who is reported to be assistant to Colin Lightfoot, owner and principal of Fox Realty and Management Co, and she also is Fox' registered agent for service of process. Fox does not dispute receiving actual notice via the summons. On 10/18/22, plaintiff effectuated personal service of the summons and complaint on codefendant Cathy Nitchey. She w...

Excerpt: ...ny service; instead, the bill appears to be based on Electric Rule 17.2. Before the Court is a demurrer to the operative Complaint, which includes a challenge to each cause of action stated therein. A demurrer presents an issue of law regarding the sufficiency of the allegations set forth in the complaint. The challenge is limited to the "four corners" of the pleading (which includes exhibits attached and incorporated therein), or from matters ou...

Excerpt: ...edure SS 512.060 and 515.010, a writ of possession "shall" issue if (1) the plaintiff has established the probable valid-ty of its claim to possession of tangible property and (2) the plaintiff has provided an undertaking of not less than twice the value of defendant's interest, if any, in the property. To establish probable validity, plaintiff must show that it is "more likely than not" that the plaintiff will obtain a judgment against the defen...

Excerpt: ...ed at the operative First Amended Complaint, and all five causes of action stated therein. Short of the merits, this Court noted that defense counsel has failed to faithfully discharge his statutory obligaton to file with the demurrer a declaration attesting to a meet and confer. The declaration filed fails to identify how the meet and confer conference took place, and falls to provide any details relating thereto. Given the date of service for t...

Excerpt: ...-party for more than double what plaintiffs offered. Before the Court is plaintiffs' motion for entry of a default judgment (specific performance), and defendant's motion to set aside entry of default. Neither motion is opposed. Procedurally, the Court will decide first on defendant's motion for reasons that will become clear in the ruling. Defendant seeks discretionary relief under CCP 5473. To qualify for discretionary relief, the party seeking...

Excerpt: ...Plaintiff seeks permission to add new defendants and new causes of action. There is, at present, no trial date set. To amend a pleading already at issue, the sponsoring party is required first to seek leave of court by way of noticed motion. (CCP Pursuant to CRC 3.1324, the moving party must: (a) specify in the moving papers by page, paragraph, and line number the allegations proposed to be added and/or deleted; and (b) include with the moving pa...

Excerpt: ...ndant, the prayer for punitive damages is not drawn in conformity with the laws due to a lack of sufficient averments. Contrary to popular folklore, there is no heightened pleading requirement for a punt-ive damage prayer based on malice or oppression. However, in light of the future evidentiary burden facing plaintiff, it is reasonable to consider that the averments should at least permit a factfinder to have "no substantial doubt" that defendan...

Excerpt: ... "the Ranch"). The property was previously burdened by a 16.5 foot prescriptive easement belonging to Linkletter Properties for ingress and egress to adjacent property (with the right to erect a fence with a gate), but plaintiff maintained a co-equal easement over a similar strip for cattle grazing and herding. According to plaintiff, the dueling co-equal easements were unburdened by judgment, merger and eventual extinguishment. Despite the loss ...

Excerpt: ...ime to file an amended pleading as a matter of right has lapsed (CCP 5472), leaving this Court with the requisite task of deciding whether defendant's objection to the Complaint is well-taken, and if any method of cure is feasible. Pertinent Background In or about December of 2019, the brother of Charles Laguna (hereinafter "Charles" for ease of reference) purchased property on Black Oak Drive next door to Elizabeth Mary Edwards (hereinafter "dec...

Excerpt: ...plication indicates that his previously-disclosed mailing address (P.O. Box 1592, San Andreas) is no longer valid. Nonjudicial forfeiture proceedings must comport with various due process protections, including proper notice to persons who claim a lawful possessory interest in the property seized. (Ramirez v. Tulare County District Attorney's Office (2017) 9 Cal.App.5th 911, 925-930; Cuevas v. Superior Court (2013) 221 Cal.App.4th 1312, 1320-1327...

Excerpt: ...Limit Partners LLC to be registered with the Secretary of State using plaintffs' home address as its principal physical address. On 04/21/23, plaintiffs reported the mail and false filing to the Sheriff's Department. They also reported same to the Attorney General, the Secretary of State, and the Postmaster General. According to plaintiffs, their prompt reaction was guided in large part from a fear that they might (again) be the victims of some i...

Excerpt: ...ttle during trial. Motions in limine minimize sidebar conferences and disruptions during trial, enhance efficiency of the trial process, reduce the need for special limiting instructions, and — in some cases — reduce the number of appellate concerns.l There are two types of motons in limine: evidentiary, and Defendant's motion is evidentiary, which is presumptively authorized by Evidence Code 5353 (objection waived if not timely raised). (See...

Excerpt: ...73, 21UD13416, and 21CH45278). Before the court is a motion by Attorney Loving to withdraw from his ongoing representation of Smith in cases 21CV45132, 21 UD13373, and 21 UD13416. No opposition is noted from Smith himself. The motion filed in 210013373 is MOOT in light of the recently filed substitution of attorney. An attorney may withdraw as counsel of record if the client breaches the agreement to pay fees, insists on pursuing invalid claims o...

Excerpt: ...report was taken. The investigating officer noted that the golf cart operator was at fault for failing to set the parking brake when leaving the cart at the top of an embankment. The officer further noted in the report that the golf cart was insured through the California Fair Service Authority. On 12/09/22, petitioners submitted to the County of Calaveras an application to present a late claim for damages associated with the gold cart incident. ...

Excerpt: ...to special interrogatories; 3. Defendant's motion to compel an initial response to RPDs; 4. Defendant's moton to have the RFAs deemed admitted. In addition to discovery orders, defendant also seeks a total of $1,600.00 in sanctions. One of the motions is technically deficient in that it combines three distinct motions in one. (See CCP 51003.) Pursuant to Govt Code 570617, defendant was required to tender $60 for each motion seeking an order even ...

Excerpt: ...icaton because neither of the two causes of action stated in the operative First Amended Complaint (negligence and premises liability) can succeed against it. According to UPC, it did not owe plaintiff any duty of care to protect him from injuries caused by diving into a submerged boulder 1. UPC had no control over the water level in the lake, and thus had no ability to warn or guard against a boulder that became invisible; 2. Plaintiff's injury ...

Excerpt: ...crossaction for conversion. Cross-complainant also wishes to augment the amount in controversy. Service appears to be proper. No opposition appears in the Court's registry of action. To amend a pleading already at issue, the sponsoring party is required first to seek leave of court by way of noticed motion. (CCP S473(a)(1).) Pursuant to CRC 3.1324, the moving party must: (a) specify in the moving papers by page, paragraph, and line number the all...

Excerpt: ...re. (City of Stockton v. superior court 42 cal.4th 730, 738; E.M. v. LA Unified school Dist. (2011) 194 cal.App.4th 736, 748; Westcon Construction Corp. v. County of Sacramento (2007) 152 Cal.App.4th 183, 2Cü)+ As such, no suit for money or damages may be maintained against a governmental entity unless a formal claim has been presented to such entity within six months of accrual of the cause of acton. (Govt. Code 5911.2; Munoz v. State of Calif....

Excerpt: ... seek leave of court byway of noticed motion. (CCP Pursuant to CRC 3.1324, the moving party must: (a) specify in the moving papers by page, paragraph, and line number the allegations proposed to be added and/or deleted; and (b) include with the moving papers a copy of the proposed amended pleading and a declaration specifying (1) the effect of the amendment(s); (2) why the amendment is necessary and proper; (3) when the facts giving rise to the a...

Excerpt: ...property"). There is a related action (17CV42758). Before the Court is a moton by plaintiff for leave to file a First Amended Complaint. No opposition is noted, though it is further noted that plaintiffs have not served any of the defendants and apparently intend to seek permission to serve by publication at some point into the future. Since plaintiffs "may amend [their] pleading once without leave of the court at any time before the answer, demu...

Excerpt: ...s for admissions. Plaintiff also seeks monetary sanctions. There is no opposition on file. First, the discovery motion is technically deficient in that it combines three distinct motions in one. (See CCP 51003.) Pursuant to Govt Code 570617, plaintiff was required to tender $60 for each motion seeking an order even if the motions are heard together. In other words, although one commingled memorandum is permissible (CRC 3.1112(c)), counsel still h...

Excerpt: ... if the client breaches the agreement to pay fees, insists on pursuing invalid claims or an illegal course of conduct, or when other conduct by the client renders it unreasonably difficult for the attorney to do his job, including when there is a breakdown in the attorney-client relationship. Ifthe attorney does not have the client's consent, he or she must proceed by way of noticed motion consistent with CCP SS 284 and 1005, CRPC 1.16 and CRC 3....

Excerpt: ...possession of tangible property and (2) the plaintiff has provided an undertaking of not less than twice the value of defendant's interest, if any, in the property. To establish probable validity, plaintiff must show that it is "more likely than not" that the plaintiff will obtain a judgment against the defendant on the possession claim. (See People v. Superior Court (2002) 27 Cal.4th 888, 919.) To meet this standard, the plaintiff must show (1) ...